2014 Kentucky Revised Statutes CHAPTER 202A - HOSPITALIZATION OF THE MENTALLY ILL 202A.422 Advance directive for mental health treatment -- Scope -- Witnesses to signing -- Effect -- Notification to health care provider and health care facility -- Exemptions from criminal prosecution and civil liability.
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202A.422 Advance directive for mental health treatment -- Scope -- Witnesses
to signing -- Effect -- Notification to health care provider and health care
facility -- Exemptions from criminal prosecution and civil liability.
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An adult may execute an advance directive for mental health treatment that
includes one (1) or more of the following:
(a) Refusal of specific psychotropic medications, but not an entire class of
psychotropic medications. This refusal may be due to factors that include
but are not limited to their lack of efficacy, known drug sensitivity, or
previous experience of adverse reactions;
(b) Refusal of electric shock therapy (ECT);
(c) Stated preferences for psychotropic medications;
(d) Stated preferences for procedures for emergency interventions; and
(e) Provision of information in any area specified by the grantor.
The execution of an advance directive shall be complete when signed by the
grantor and:
(a) Signed by two (2) adult witnesses who attest that the grantor:
1.
Is known to them;
2.
Signed the advance directive in their presence; and
3.
Did not appear to be under duress, fraud, or undue influence; or
(b) Acknowledged before a notary public or other person authorized to
administer oaths.
The following persons shall not serve as a witness, a notary public, or other
person authorized to administer oaths to the signing of an advance directive:
(a) The grantor's current health care provider or a relative of the current
health care provider; and
(b) An owner, operator, employee, or relative of an owner or operator of a
health facility in which the grantor is a client or resident.
An advance directive shall not override the grantor's right under federal and
state law to refuse treatment.
The grantor or the surrogate of the grantor shall be responsible for providing a
copy of the advance directive to the grantor's health care provider and health
care facility where the grantor is a patient.
An advance directive for mental health treatment shall be honored in any
setting, except a hospital emergency room or a hospital emergency
department, that is required to honor advance directives under Title XVIII or
Title XIX of the Federal Social Security Act.
A health care provider, health care facility, surrogate, or other responsible party
shall not be subject to criminal prosecution or civil liability if acting in agreement
with an advance directive for mental health treatment executed in accordance
with KRS 202A.420 to 202A.432 if acting in good faith without knowledge of the
existence or revocation of an advance directive.
Effective:June 24, 2003
History: Created 2003 Ky. Acts ch. 190, sec. 2, effective June 24, 2003.
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